Barron v. Marusak

HUGHES, Justice.

This is a suit for damages brought by appellant, A. C. Barron, for the death of his twelve year old son, Tony Barron, allegedly caused by the negligence of appel-lee, Kenneth R. Marusak.

Trial commenced to a jury but upon appellant resting his case, the Court instructed the jury to return a verdict for appel-lee. In accordance with such verdict, judgment was rendered that appellant take nothing by his suit.

In passing upon the propriety of the Court’s action in instructing a verdict, we will view the evidence in a light most favorable to appellant, indulging against the…